USPTO Patents Application 10597633

PATENT COOPERATION TREATY

i

From the

INTERNATIONAL SEARCHING AUTHORITY

To;

PAUL FENSTER

FENSTER & COMPANY, INTELLECTUAL PROPERTY
LTD.

P.O. BOX 10256

PETACH TIKVA, ISRAEL 49002

PCX

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

(PCT Rule 43bisA)

Date of mailing -

(day/month/year) / X |\| f| V /MWl

Applicant's or agent's file reference
414/04405

FOR FURTHER ACTION

See paragraph 2 below

1 International application No. International filing date (day/month/year) Priority date (day/month/year)
PCT/IL05/00141 04 February 2005 (04,02.2005) 05 February 200*^5 .02.200:Y )

International Patent Classification (IPC) or both national classification and IPC
IPC(7): A61H 1/00 and US CL: 601/5

Applicant

RE ABILITY INC.

1. This opinion contains indications relating to the following items:

Box No,

I

Basis of the opinion

Box No,

II

Priority

□

Box No.

IU

Non-establishment of opinion with regard to novelty, inventive step and industrial applicability

Box No.

IV

Lack of unity of invention

Box No.

V

Reasoned statement under Rule 43bis. 1 (a)(i) with regard to novelty, inventive step or industrial

«sr»r\1i/»QKilit^' Mt<*t i nnc QtiH pyh] a it,H ifiiiQ Qiinnnrtintr «nrr.h Rfafemert

□

Box No.

VI

Certain documents cited

Box No.

VII

Certain defects in the international application

□

Box No.

vm

Certain observations on the international application

2, FURTHER ACTION

If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
International Preliminary Examining Authority ("IPEA") except that this does not apply where the applicant chooses an
Authority other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66. Ibisfb)
that written opinions of this International Searching Authority will not be so considered.

If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the
IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of
mailing of Form PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later.

For further options, see Form PCT/ISA/220.

3. For further details, see notes to Form PCT/ISA/220.

Name and mailing address of the ISA/ US

Mail Stop PCT, Attn: ISA/US
Commissioner for Patents
P.O. Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (571) 273-3201

Date of completion of this
opinion

30 August 2005 (30.08.2005)

Authorized officer „

Pot- v a D

Michael Brown , \ UjjL'
Telephone No. 571-272-4972^

0

Form PCT/ISA/237 (cover sheet) (April 2005)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

International application No.
PCT/IL05/00141

Box No, I Basis of this opinion

1 . With regard to the language, this opinion has been established on the basis of:

yF\ *Uo intamotmriol ir-atirxn in th^ Ism on aim in which it was filed

a translation of the international application into , which is the language of a translation furnished for the purposes of

international search (Rules 12.3(a) and 23.1(b)).

2. With regard to any nucleotide and/or amino acid sequence disclosed in the international application and necessary to the
claimed invention, this opinion has been established on the basis of:

a. type of material

[~~| a sequence listing

|~3 table(s) related to the sequence listing

b. format of material
I 1 on paper

f~] in electronic form

c. time of filing/furnishing

| | contained in the international application as filed.

| | filed together with the international application in electronic form,
| | furnished subsequently to this Authority for the purposes of search.

3, | | in addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been
filed or furnished, the required statements that the information in the subsequent or additional copies is identical to that in
the application as filed or does not go beyond the application as filed, as appropriate, were furnished.

A. Additional comments:

Form PCT/ISA/237(Box No. I) (April 2005)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

International application No.
PCT/IL05/00141

Box No. V Reasoned statement under Rule 43 £is.l(a)<i) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

1. Statement

Novelty (N)

Claims 4-9

Claims 1-3 and 10-35

1 ElO

NO

Inventive step (IS)

Claims 4-9

Claims 1-3 and 10-35

YES
NO

Industrial applicability (IA)

Claims 1-35

Claims NONE

YES
NO

2. Citations and explanations:

Claims 1-3 and 10-35 lack novelty under PCT Article 3: 2) as being anticipated by Dempster et al.
Claims 1-3 and 10-35 lack novelty under PCT Article 33(2) as being anticipated by Johnson et al.

Claims 4-9 meet the criteria set out in PCT Article 33(2)-(3), because the prior art does not teach or fairly suggest a method of
rehabilitation including a first actuator, a second actuator, both actuators including a movement mechanism coupling the second
actuator to the body to apply a different force at a specific point.

Claims 1-35 meet the criteria set out in PCT Article 33(4), and thus are industrial applicability because the subject matter claimed can
be made or used in industry.

Form PCT/IS A/237 (Box No. V) (April 2005)

NOTES TO FORM FCT/I5 V220

These N0,es « tended to ^Z^Tl^Z i£5&Z*t>

t^tfT^^rf^^^ Notes and fhose regents. .a«e r «
ippl™ For more detailed information, see also the PCT Applicant s We. a ptibl.cat.on of Wf PO.

In these Notes. "Article." "Rule" and -Section" refer tg the provisos of the PCT. the PCT Regulations and the PCT
Administrative Instructions, respectively -

When ?

FNSTR UCTTONS CONCERNING AMENDMENTS UNDER ARTICLE 19

The annhcant has after having received the international search report, one opportunity to amend the claims of the
mtemltLaK be emphasized that, since all pans of the ■ n tern a t, ona I ap pi. cation (cl»n*

— f|f the lr s^r^^ 1 pub,lcaIlon -

Furthermore, it should be emphasized that provisional protection is available in some States only.

What parts ol the international application may be amended ?

Under Article 19. only the claims may be amended

Dunne the international phase the claims may also 6c amended ior further amended) under Article 34 before
ffiffffi damming Authority, the description and drawings may only be amended
under Article 34 before the International Preliminary Examining Authority.

Upon entry into the national phase, all parts of the intcrnaiior.al application may he amended under Article 28
or, where applicable. Article 41

Witiin 2 months from the date of transmittal of the international search report or 16 months from the priority
da e whichever time™ mir exp^es later. It should be noted, however, that the amendments will be c°n»d«ed
date, wmcrjever time umn ■ k« rh e ir^rnational Bureau after the expiration of the

J33^Bn«^ leZ^e^n^ *Mc4 preparations for international plication
(Rule 46.1).

Where not to file the amendments ?

The amendments may only be Hied with the International Bureau and not with the receiving Office or the
International Searching Authority i Rule 46.2).

Where a demand for international preliminary examination has been/.s Hied, see below.

How > E.ther by cancelling one or more entire claim.. K ,ddine one or more new claims or by amending the text of
one or more of the claims as filed

A replacement sheet must be submitted for each sheet of the claims which, on account of an amendment or
amendments, differs from the sheet originally filed.

All the claims appearing on a replacement sheet must be numbered in Arabic numerals. Where a claim is
cl^\Jd ™n^^A of the other claims is required. In all cases where claims are renumbered, they must
be renumbered consecutively (Administrative Instructions. Section 205(b)).

^. . am&nri * st ™3<*» i» the i»n<mape in which the intemationai application is to be published.

What documents must/may accompany the amendments ?
Letter (Section 505(b)):

The amendments must be submitted with a letter

The letter will not be published with the international application and the amended claims. It should not be
conned with the "Statement under Article 19(1)" {see below, under "Statement under Article 19(1) ).
The letter must be in English or French, at the choice ot the applicant. However, if the language of the
LTJuTonZ application is English, the letter must be in English; if the language of the internat.onal
application is French, the letter must be in Frenclj.

Noics to Form PCT/ISA'220 (first sheet* [July 1998; reprint April 2002)